NZ Metro TC – 14 October 2008 –
ID: JCA18694
Hearing Type (Code):
harness-racing
Decision: Rules 870 (2) (c), 870 (4) (d) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against PERDITION (C J De Filippi), placed 4th by the judge, on the ground of breaking from its gait
Rules 870 (2) (c), 870 (4) (d) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against PERDITION (C J De Filippi), placed 4th by the judge, on the ground of breaking from its gait over the concluding stages and failing to lose ground in the break.
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Rule 870 (4) (d) provides as follows:
--(4) Any horse which breaks from its gait in any race and:-
--(d) which fails to lose ground by the break;
--may (in addition to any other penalty imposed to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
----
At the commencement of the hearing, the Committee was informed that Mr C J De Fillipi, co-trainer and driver of PERDITION, had advised the Stipendiary Stewards that he did not wish to appear at the protest hearing. He was already on the track for Race 3. The Committee noted that the stake payable for 4th placing in the Race was $165. The hearing proceeded in his absence.
----
The Committee was shown a video replay of the final 100 metres of the Race. It was pointed out PERDITION break from its gait inside the final 50 metres, continue in a gallop to the finishing line and, it was alleged by Mr McIntyre, fail to lose ground by the break.
----
The Committee was satisfied that the video evidence clearly supported that allegation. The Committee was further satisfied that an advantage may have been gained over the 5th placed horse, TIP TOE ADO.
----
The protest was accordingly upheld and PERDITION was relegated from 4th to 5th placing.
----
Consequent upon the relegation, the amended result for the Race is:
--1st 2 Loyal Man
--2nd 9 Crusader Crown
--3rd 10 Mr McGoadles
--4th 1 Tip Toe Ado
--5th 6 Perdition
----
R G McKenzie
CHAIRMANDecision Date: 14/10/2008
Publish Date: 14/10/2008
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 178e825db60658800011ec3463f4003b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/10/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 14 October 2008 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Rules 870 (2) (c), 870 (4) (d) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against PERDITION (C J De Filippi), placed 4th by the judge, on the ground of breaking from its gaitRules 870 (2) (c), 870 (4) (d) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against PERDITION (C J De Filippi), placed 4th by the judge, on the ground of breaking from its gait over the concluding stages and failing to lose ground in the break.
----
Rule 870 (4) (d) provides as follows:
--(4) Any horse which breaks from its gait in any race and:-
--(d) which fails to lose ground by the break;
--may (in addition to any other penalty imposed to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
----
At the commencement of the hearing, the Committee was informed that Mr C J De Fillipi, co-trainer and driver of PERDITION, had advised the Stipendiary Stewards that he did not wish to appear at the protest hearing. He was already on the track for Race 3. The Committee noted that the stake payable for 4th placing in the Race was $165. The hearing proceeded in his absence.
----
The Committee was shown a video replay of the final 100 metres of the Race. It was pointed out PERDITION break from its gait inside the final 50 metres, continue in a gallop to the finishing line and, it was alleged by Mr McIntyre, fail to lose ground by the break.
----
The Committee was satisfied that the video evidence clearly supported that allegation. The Committee was further satisfied that an advantage may have been gained over the 5th placed horse, TIP TOE ADO.
----
The protest was accordingly upheld and PERDITION was relegated from 4th to 5th placing.
----
Consequent upon the relegation, the amended result for the Race is:
--1st 2 Loyal Man
--2nd 9 Crusader Crown
--3rd 10 Mr McGoadles
--4th 1 Tip Toe Ado
--5th 6 Perdition
----
R G McKenzie
CHAIRMANsumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.4.d
Informant:
JockeysandTrainer:
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StipendSteward:
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